Southern Ry. Co. v. Miller

GARDNER, Justice.

Plaintiff, a resident of the neighborhood and entirely familiar with the crossing, in disregard of the doctrine of “stop, look, and listen,” ran his Buick car, at an estimated speed of ten or fifteen miles per hour, into the side of defendant’s engine tank, and recovered a judgment for the damages sustained. There were no obstructions to impair his view, but the “visibility was not good,” due to cloudy conditions following rain and failure of his windshield wiper to properly function. Manifestly there could be no recovery based upon any initial negligence of defendant. Ala.…